The President of South Africa has the power to grant pardons in certain circumstances. This means that if you were found guilty of a crime and sentenced, then the President could decide not to enforce your sentence or punishment. The following outlines how a Presidential pardon works:
A presidential pardon is complete forgiveness and absolution of a serious crime by the government. Presidential Pardon section 84 of the constitution of the republic of South Africa, 1996 gives power to the President of the country to grant a Presidential pardon.
A presidential pardon can only be granted after an offender has served his or her prison sentence.
In terms of section 84(2) of the Constitution – The President may grant to any person convicted of an offence under the law in force before the commencement of this Constitution a pardon, either free or subject to lawful conditions, or any reprieve or respite from the execution of any sentence against such person or remit wholly or in part the punishment to which such person has been sentenced.
A Presidential pardon is a complete forgiveness and absolution of a serious crime by the government.
The Constitution gives power to the President to grant a Presidential pardon.
The President may not grant amnesty for an offence committed under common law unless a convicted person applies for it. The process underpinning an application for amnesty will determine its assessment and outcome.
- A pardon is the remission of punishment and restoration to favour, while an amnesty is an act of forgiving or pardoning crimes.
- Under South African law, both pardons and amnesties allow a person who has committed a crime to avoid punishment for that crime if certain conditions are met (such as having paid back any debts owed).
